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Central Freight Lines Inc. is facing a wage and hour class action lawsuit filed in a California federal court, alleging the company had violated California break laws.
The claim is being filed by delivery drivers of the trucking company, for allegedly violating several California wage and hour laws. The California wage and hour lawsuit claims that the company failed to compensate them for missed breaks, due to tasks they were forced to perform during their rest time.
Lead plaintiff David Vargas alleged that Central Freight had restricted the pickup and delivery drivers’ meal and rest breaks, and had not kept adequate records of their hours worked.
“As a result of their unlawful acts, defendants have reaped and continue to reap unfair benefits and unlawful profits at the expense of plaintiff and each class he seeks to represent,” the wage and hour lawsuit states.
Vargas further alleges that Central Freight further violated California break laws, by asking drivers to work during their meal periods. This would take away from the meal period or eliminated it entirely, which greatly effected drivers because the company had failed to reimburse drivers for these missed breaks.
In addition, David alleges that drivers were only allowed to take a break if they worked eight hours or more. The drivers were also prohibited from turning off the two way radios in the truck during these rest periods, meaning they were under Central Freight surveillance on a constant basis.
Overview of California Wage and Hour Allegations
According to the California wage and hour lawsuit, Central Freight had failed to keep adequate records of each driver showing the start to finish of the shifts as well as their missed breaks.
The class action lawsuit further claims that the company did not record the daily hours worked by the drivers, nor did the company itemize the deductions from the drivers’ pay. In addition, Central Freight also failed to compensate workers for their rest and meal periods or pay overtime benefits when driver’s worked over 40hrs per workweek.
Each of these violate both federal and California wage and hour laws, resulting in the drivers filing a proposed wage and hour class action lawsuit that could potentially include hundreds of Central Freight California truck drivers.
Federal and California wage and hour laws require companies to pay one and half times the hourly rate once employees work over 40hrs per week or over eight hours in a single work day. In addition, California break laws mandate that companies repay their employees any rest periods or off the clock work by including additional pay in their next paycheck.
The proposed wage and hour class action lawsuit is seeking a cease and desist order from unfair competition against Central Freight, as well as compensation for the missed payments and legal fees. Vargas is also hoping to represent four subclasses of drivers who suffered payment deviations from their rest breaks, overtime, and waiting time.
The Central Freight California Wage and Hour Class Action Lawsuit is David Vargas v. Central Freight Lines Inc. et al., Case No. 3:16-cv-00507, in the U.S. District Court of Southern California.
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